'We're being screwed': photographers and designers vent over 'stolen' images

Karena Colquhoun found her firm’s logo being used on a billboard to
promote an exhibition at the Shanghai Art Museum.

Karena Colquhoun found her firm's logo being used on a billboard to
promote an exhibition.

How's this for frustrating: you're an Australian graphic designer and
you find your work used without permission on a billboard to advertise
an art exhibition in China.

This is what happened to graphic designer Karena Colquhoun – and she's
not alone in feeling robbed.

A story last week about the duping of a Newcastle artist's photo,
without permission, onto thousands of T-shirts to be sold at menswear
giant Lowes, prompted emails from dozens of angry artists with similar
stories.
Sheila Smart had a UK police department steal her image for a brochure
on bicycle theft.

Sheila Smart found a UK police department steal her image for a brochure
on bicycle theft.

They reported having their images stolen from the internet without their
permission and placed, sometimes with small modifications, on T-shirts,
websites, cigarette cases, stickers, phone covers, posters promoting
nightclubs, CD album covers and even hardcover books.
Advertisement

But fighting copyright infringements was fraught with difficulty, they
said: offenders often pleaded ignorance, refused to compensate them and
wouldn't pull the infringing content.

They said those that were contrite offered very little compensation –
unless sued.
Peter Coulson of Victoria has also found one of his photographs in use
on a T-shirt sold by Nena & Pasadena.

Peter Coulson found one of his photographs in use on a T-shirt sold by
Nena & Pasadena.

Karena Colquhoun, who runs Magic Jelly, an Adelaide design company, last
year found its logo being used in an adapted form on a billboard to
promote an exhibition at the Shanghai Art Museum.

"It's both bizarre and very upsetting to see your work taken without
permission, so that you not only are not compensated, but lose your
right to consent and control the quality and context of your work," she
said.

Photographer Naomi Frost had a photo of hers used on shirts sold at
Lowes. Photo: Dean Osland

"Every so often I'll randomly search my images, and I always find people
using them without permission," Colquhoun said.

Sheila Smart, a professional Sydney photographer, was among the few who
said they had successfully litigated against offenders.

A UK police department that used a snapshot of hers in a brochure about
crime settled for a "fairly large sum" – about ten times more than what
a legitimate licensing would have cost.
Sheila Smart found one of her images on the front cover of a Romanian
book title.

Sheila Smart found one of her images on the front cover of a Turkish
book title.

She has also settled several cases in the US and Canada (with 10 still
pending). One involved a company that settled with her US lawyer without
any negotiation when she found a popular image of hers on their Facebook
page. It cost them $8500.

In Europe, she has negotiated a $1700 payment from Romanian publishers
that used one of her images on the front of a book.

Smart said she didn't pursue Australian offenders as often because laws
here meant she was only entitled to what she would have received had
they licensed the image legitimately – unless she could prove "wilful use".
Norman Pelaez's friends found pictures of his wedding on Sydney busses
last year being used to advertise a photographer's business who did not
have anything to do with the images.

Norman Pelaez's friends found pictures of his wedding on buses
advertising a photographer's business.

However, in one instance, a state government tourism website that used
her images settled for a "nice sum".

Others have not been so fortunate. Adam Jackson of Tuggerah on the
Central Coast in NSW said he had a photo of a car taken without
permission from his website and put on T-shirts sold at Kmart, with the
car's number plate still visible.

The owner of the car was "extremely upset" about this, and when Jackson
contacted the Victorian business who sold the T-shirt to Kmart, he said
they told him that because his website was free to access, they could do
what they wanted with his photograph.
Adam Jackson of Tuggerah in NSW had a photo of a car taken without
permission from his website about two years ago and put on T-shirts sold
at Kmart.

Adam Jackson had a photo of a car taken from his website without
permission and put on a T-shirt.

"Since I did not have the money to take this further, nothing has come
of it yet," Jackson said.

He added that Kmart were of no help either and said it was "not their
problem and simply shrugged me off".

Barbara Read, who lives in British Columbia, Canada, said she regularly
tracked the unauthorised use of her photos and found them "all over the
place".
Harmony Nicholas of Adelaide has been fighting to stop businesses
stealing her photos and putting them on T-shirts.

Harmony Nicholas is fighting to stop businesses stealing her model's
photos and putting them on T-shirts.

She warned other photographers that low-resolution images, watermarks
and copyright notices did nothing to stop people from using her images.
"Folks better expect to lose control of [their photographs] if they post
them online," she said.

"There are sophisticated software programs available to upsize small
images with excellent results and most copyright notices are easily
cloned or cropped out."

Harmony Nicholas of Adelaide has been fighting to stop businesses
stealing her photos and putting them on T-shirts. She's had no luck
getting compensation and had little success trying to stop those who
stole from her.
A photograph Barbara Read of British Columbia, Canada too which was
taken by Romanian book publisher Editura Herald and used on a book’s cover.

Barbara Read caught a Romanian book publisher using a picture of hers on
a book cover.

"We're being screwed left, right and centre purely because we just have
our images out there," she said.

Nicholas first found out about her photos being stolen from a friend who
in 2010 was on holiday in Brisbane. "She was walking past one of the
shops and snapped on her phone a picture of a singlet that was in a
window that [had on it my photograph] of model Sabina Kelley colouring
in her tattoos with textas," Nicholas said.

Since then Nicholas has discovered about six of her photos on T-shirts
and is now reluctant to publish her work online, especially as she
lacked the money to pursue legal action.
Photographer Sheila Smart.

Photographer Sheila Smart.

Peter Coulson of Victoria said he had also found one of his photographs
in use on a T-shirt sold by Nena & Pasadena, and others on a giant
screen behind American heavy metal band Mötley Crüe, when they performed
during their worldwide concerts.

When he contacted Nena & Pasadena in 2011 about the infringing photo
they used, he said they offered him $200 to continue to use it on their
T-shirts. He refused the offer and requested the company destroy all
infringing stock, and they complied.

In a statement provided to Melbourne's Herald Sun in 2011, management
for Nena and Pasadena blamed a rogue designer for the mix-up. The
company said the design, called "The Night'', would never make it into
shops.

Mötley Crüe's infringement was still under investigation, Coulson said.

Other examples of copyright infringement included:

* A Sydney wedding photographer who used another photographer's wedding
photos to advertise their services after finding them online. (After a
letter and phone call requesting the removal of all of the images, the
photographer complied.)

* A couple who dressed up for a costume party and posted the photo on
Flickr, then found themselves in a local club's advertising material.

* Book publishers using photos without permission – even using them as
cover images.

Advertisements

On Thu, 24 Jan 2013 20:26:53 +1100, Rob <>
wrote:
>
>Its worth reading the article and viewing some of the images.
>
>
>http://www.smh.com.au/technology/te...s-vent-over-stolen-images-20130118-2cx6x.html
>
>.........................................................................
>
>
>'We're being screwed': photographers and designers vent over 'stolen' images
>
>Karena Colquhoun found her firm’s logo being used on a billboard to
>promote an exhibition at the Shanghai Art Museum.
>
>Karena Colquhoun found her firm's logo being used on a billboard to
>promote an exhibition.
>
>How's this for frustrating: you're an Australian graphic designer and
>you find your work used without permission on a billboard to advertise
>an art exhibition in China.
>
>This is what happened to graphic designer Karena Colquhoun – and she's
>not alone in feeling robbed.
>
>A story last week about the duping of a Newcastle artist's photo,
>without permission, onto thousands of T-shirts to be sold at menswear
>giant Lowes, prompted emails from dozens of angry artists with similar
>stories.
>Sheila Smart had a UK police department steal her image for a brochure
>on bicycle theft.
>
>Sheila Smart found a UK police department steal her image for a brochure
>on bicycle theft.
>
>They reported having their images stolen from the internet without their
>permission and placed, sometimes with small modifications, on T-shirts,
>websites, cigarette cases, stickers, phone covers, posters promoting
>nightclubs, CD album covers and even hardcover books.
>Advertisement
>
>But fighting copyright infringements was fraught with difficulty, they
>said: offenders often pleaded ignorance, refused to compensate them and
>wouldn't pull the infringing content.
>
>They said those that were contrite offered very little compensation –
>unless sued.
>Peter Coulson of Victoria has also found one of his photographs in use
>on a T-shirt sold by Nena & Pasadena.
>
>Peter Coulson found one of his photographs in use on a T-shirt sold by
>Nena & Pasadena.
>
>Karena Colquhoun, who runs Magic Jelly, an Adelaide design company, last
>year found its logo being used in an adapted form on a billboard to
>promote an exhibition at the Shanghai Art Museum.
>
>"It's both bizarre and very upsetting to see your work taken without
>permission, so that you not only are not compensated, but lose your
>right to consent and control the quality and context of your work," she
>said.
>
>Colquhoun discovered the plagiarism using Google's "Search by Image" and
>TinEye's "Reverse Image Search".
>"Complete and utter disbelief" ... photographer Naomi Frost.
>
>Photographer Naomi Frost had a photo of hers used on shirts sold at
>Lowes. Photo: Dean Osland
>
>"Every so often I'll randomly search my images, and I always find people
>using them without permission," Colquhoun said.
>
>Sheila Smart, a professional Sydney photographer, was among the few who
>said they had successfully litigated against offenders.
>
>A UK police department that used a snapshot of hers in a brochure about
>crime settled for a "fairly large sum" – about ten times more than what
>a legitimate licensing would have cost.
>Sheila Smart found one of her images on the front cover of a Romanian
>book title.
>
>Sheila Smart found one of her images on the front cover of a Turkish
>book title.
>
>She has also settled several cases in the US and Canada (with 10 still
>pending). One involved a company that settled with her US lawyer without
>any negotiation when she found a popular image of hers on their Facebook
>page. It cost them $8500.
>
>In Europe, she has negotiated a $1700 payment from Romanian publishers
>that used one of her images on the front of a book.
>
>Smart said she didn't pursue Australian offenders as often because laws
>here meant she was only entitled to what she would have received had
>they licensed the image legitimately – unless she could prove "wilful use".
>Norman Pelaez's friends found pictures of his wedding on Sydney busses
>last year being used to advertise a photographer's business who did not
>have anything to do with the images.
>
>Norman Pelaez's friends found pictures of his wedding on buses
>advertising a photographer's business.
>
>However, in one instance, a state government tourism website that used
>her images settled for a "nice sum".
>
>Others have not been so fortunate. Adam Jackson of Tuggerah on the
>Central Coast in NSW said he had a photo of a car taken without
>permission from his website and put on T-shirts sold at Kmart, with the
>car's number plate still visible.
>
>The owner of the car was "extremely upset" about this, and when Jackson
>contacted the Victorian business who sold the T-shirt to Kmart, he said
>they told him that because his website was free to access, they could do
>what they wanted with his photograph.
>Adam Jackson of Tuggerah in NSW had a photo of a car taken without
>permission from his website about two years ago and put on T-shirts sold
>at Kmart.
>
>Adam Jackson had a photo of a car taken from his website without
>permission and put on a T-shirt.
>
>"Since I did not have the money to take this further, nothing has come
>of it yet," Jackson said.
>
>He added that Kmart were of no help either and said it was "not their
>problem and simply shrugged me off".
>
>Barbara Read, who lives in British Columbia, Canada, said she regularly
>tracked the unauthorised use of her photos and found them "all over the
>place".
>Harmony Nicholas of Adelaide has been fighting to stop businesses
>stealing her photos and putting them on T-shirts.
>
>Harmony Nicholas is fighting to stop businesses stealing her model's
>photos and putting them on T-shirts.
>
>She warned other photographers that low-resolution images, watermarks
>and copyright notices did nothing to stop people from using her images.
>"Folks better expect to lose control of [their photographs] if they post
>them online," she said.
>
>"There are sophisticated software programs available to upsize small
>images with excellent results and most copyright notices are easily
>cloned or cropped out."
>
>Harmony Nicholas of Adelaide has been fighting to stop businesses
>stealing her photos and putting them on T-shirts. She's had no luck
>getting compensation and had little success trying to stop those who
>stole from her.
>A photograph Barbara Read of British Columbia, Canada too which was
>taken by Romanian book publisher Editura Herald and used on a book’s cover.
>
>Barbara Read caught a Romanian book publisher using a picture of hers on
>a book cover.
>
>"We're being screwed left, right and centre purely because we just have
>our images out there," she said.
>
>Nicholas first found out about her photos being stolen from a friend who
>in 2010 was on holiday in Brisbane. "She was walking past one of the
>shops and snapped on her phone a picture of a singlet that was in a
>window that [had on it my photograph] of model Sabina Kelley colouring
>in her tattoos with textas," Nicholas said.
>
>Since then Nicholas has discovered about six of her photos on T-shirts
>and is now reluctant to publish her work online, especially as she
>lacked the money to pursue legal action.
>Photographer Sheila Smart.
>
>Photographer Sheila Smart.
>
>Peter Coulson of Victoria said he had also found one of his photographs
>in use on a T-shirt sold by Nena & Pasadena, and others on a giant
>screen behind American heavy metal band Mötley Crüe, when they performed
>during their worldwide concerts.
>
>When he contacted Nena & Pasadena in 2011 about the infringing photo
>they used, he said they offered him $200 to continue to use it on their
>T-shirts. He refused the offer and requested the company destroy all
>infringing stock, and they complied.
>
>In a statement provided to Melbourne's Herald Sun in 2011, management
>for Nena and Pasadena blamed a rogue designer for the mix-up. The
>company said the design, called "The Night'', would never make it into
>shops.
>
>Mötley Crüe's infringement was still under investigation, Coulson said.
>
>Other examples of copyright infringement included:
>
>* A Sydney wedding photographer who used another photographer's wedding
>photos to advertise their services after finding them online. (After a
>letter and phone call requesting the removal of all of the images, the
>photographer complied.)
>
>* A couple who dressed up for a costume party and posted the photo on
>Flickr, then found themselves in a local club's advertising material.
>
>* Book publishers using photos without permission – even using them as
>cover images.
>
>Read more:
>http://www.smh.com.au/technology/te...olen-images-20130118-2cx6x.html#ixzz2IsoYhXih
>

Much of the problem boils down to two things:

1. Ignorance: too many people equating easy access with free use.
One solution, if partial, is the obvious one of greater public
education efforts.
(Note, though, that ignorance is, in a way, a valid excuse IF it's a
case of an "apparent agent" - a 3rd party claiming to own the work
granting or selling the right to use it. In such case it is held to be
that 3rd party who stole it, not the user, so no penalty or payment to
the artist is required, though I can see stopping further use.)

2. The law not being enforced because the little guy lacks the
resources to do so.
I'm thinking there needs to be some sort of public resource for
pursuing these cases, such as empowering law enforcement to
investigate them as crimes akin to fraud of a corresponding magnitude.

On Friday, January 25, 2013 10:16:53 AM UTC, John A. wrote:
> On Thu, 24 Jan 2013 20:26:53 +1100, Rob <>
>
> wrote:
>
>
>
> >
>
> >Its worth reading the article and viewing some of the images.
>
> >
>
> >
>
> >http://www.smh.com.au/technology/te...s-vent-over-stolen-images-20130118-2cx6x.html
>
> >
>
> >..........................................................................
>
> >
>
> >
>
> >'We're being screwed': photographers and designers vent over 'stolen' images
>
> >
>
> >Karena Colquhoun found her firmï¿½s logo being used on a billboardto
>
> >promote an exhibition at the Shanghai Art Museum.
>
> >
>
> >Karena Colquhoun found her firm's logo being used on a billboard to
>
> >promote an exhibition.
>
> >
>
> >How's this for frustrating: you're an Australian graphic designer and
>
> >you find your work used without permission on a billboard to advertise
>
> >an art exhibition in China.
>
> >
>
> >This is what happened to graphic designer Karena Colquhoun ï¿½ andshe's
>
> >not alone in feeling robbed.
>
> >
>
> >A story last week about the duping of a Newcastle artist's photo,
>
> >without permission, onto thousands of T-shirts to be sold at menswear
>
> >giant Lowes, prompted emails from dozens of angry artists with similar
>
> >stories.
>
> >Sheila Smart had a UK police department steal her image for a brochure
>
> >on bicycle theft.
>
> >
>
> >Sheila Smart found a UK police department steal her image for a brochure
>
> >on bicycle theft.
>
> >
>
> >They reported having their images stolen from the internet without their
>
> >permission and placed, sometimes with small modifications, on T-shirts,
>
> >websites, cigarette cases, stickers, phone covers, posters promoting
>
> >nightclubs, CD album covers and even hardcover books.
>
> >Advertisement
>
> >
>
> >But fighting copyright infringements was fraught with difficulty, they
>
> >said: offenders often pleaded ignorance, refused to compensate them and
>
> >wouldn't pull the infringing content.
>
> >
>
> >They said those that were contrite offered very little compensation ï¿½
>
> >unless sued.
>
> >Peter Coulson of Victoria has also found one of his photographs in use
>
> >on a T-shirt sold by Nena & Pasadena.
>
> >
>
> >Peter Coulson found one of his photographs in use on a T-shirt sold by
>
> >Nena & Pasadena.
>
> >
>
> >Karena Colquhoun, who runs Magic Jelly, an Adelaide design company, last
>
> >year found its logo being used in an adapted form on a billboard to
>
> >promote an exhibition at the Shanghai Art Museum.
>
> >
>
> >"It's both bizarre and very upsetting to see your work taken without
>
> >permission, so that you not only are not compensated, but lose your
>
> >right to consent and control the quality and context of your work," she
>
> >said.
>
> >
>
> >Colquhoun discovered the plagiarism using Google's "Search by Image" and
>
> >TinEye's "Reverse Image Search".
>
> >"Complete and utter disbelief" ... photographer Naomi Frost.
>
> >
>
> >Photographer Naomi Frost had a photo of hers used on shirts sold at
>
> >Lowes. Photo: Dean Osland
>
> >
>
> >"Every so often I'll randomly search my images, and I always find people
>
> >using them without permission," Colquhoun said.
>
> >
>
> >Sheila Smart, a professional Sydney photographer, was among the few who
>
> >said they had successfully litigated against offenders.
>
> >
>
> >A UK police department that used a snapshot of hers in a brochure about
>
> >crime settled for a "fairly large sum" ï¿½ about ten times more than what
>
> >a legitimate licensing would have cost.
>
> >Sheila Smart found one of her images on the front cover of a Romanian
>
> >book title.
>
> >
>
> >Sheila Smart found one of her images on the front cover of a Turkish
>
> >book title.
>
> >
>
> >She has also settled several cases in the US and Canada (with 10 still
>
> >pending). One involved a company that settled with her US lawyer without
>
> >any negotiation when she found a popular image of hers on their Facebook
>
> >page. It cost them $8500.
>
> >
>
> >In Europe, she has negotiated a $1700 payment from Romanian publishers
>
> >that used one of her images on the front of a book.
>
> >
>
> >Smart said she didn't pursue Australian offenders as often because laws
>
> >here meant she was only entitled to what she would have received had
>
> >they licensed the image legitimately ï¿½ unless she could prove "wilful use".
>
> >Norman Pelaez's friends found pictures of his wedding on Sydney busses
>
> >last year being used to advertise a photographer's business who did not
>
> >have anything to do with the images.
>
> >
>
> >Norman Pelaez's friends found pictures of his wedding on buses
>
> >advertising a photographer's business.
>
> >
>
> >However, in one instance, a state government tourism website that used
>
> >her images settled for a "nice sum".
>
> >
>
> >Others have not been so fortunate. Adam Jackson of Tuggerah on the
>
> >Central Coast in NSW said he had a photo of a car taken without
>
> >permission from his website and put on T-shirts sold at Kmart, with the
>
> >car's number plate still visible.
>
> >
>
> >The owner of the car was "extremely upset" about this, and when Jackson
>
> >contacted the Victorian business who sold the T-shirt to Kmart, he said
>
> >they told him that because his website was free to access, they could do
>
> >what they wanted with his photograph.
>
> >Adam Jackson of Tuggerah in NSW had a photo of a car taken without
>
> >permission from his website about two years ago and put on T-shirts sold
>
> >at Kmart.
>
> >
>
> >Adam Jackson had a photo of a car taken from his website without
>
> >permission and put on a T-shirt.
>
> >
>
> >"Since I did not have the money to take this further, nothing has come
>
> >of it yet," Jackson said.
>
> >
>
> >He added that Kmart were of no help either and said it was "not their
>
> >problem and simply shrugged me off".
>
> >
>
> >Barbara Read, who lives in British Columbia, Canada, said she regularly
>
> >tracked the unauthorised use of her photos and found them "all over the
>
> >place".
>
> >Harmony Nicholas of Adelaide has been fighting to stop businesses
>
> >stealing her photos and putting them on T-shirts.
>
> >
>
> >Harmony Nicholas is fighting to stop businesses stealing her model's
>
> >photos and putting them on T-shirts.
>
> >
>
> >She warned other photographers that low-resolution images, watermarks
>
> >and copyright notices did nothing to stop people from using her images.
>
> >"Folks better expect to lose control of [their photographs] if they post
>
> >them online," she said.
>
> >
>
> >"There are sophisticated software programs available to upsize small
>
> >images with excellent results and most copyright notices are easily
>
> >cloned or cropped out."
>
> >
>
> >Harmony Nicholas of Adelaide has been fighting to stop businesses
>
> >stealing her photos and putting them on T-shirts. She's had no luck
>
> >getting compensation and had little success trying to stop those who
>
> >stole from her.
>
> >A photograph Barbara Read of British Columbia, Canada too which was
>
> >taken by Romanian book publisher Editura Herald and used on a bookï¿½s cover.
>
> >
>
> >Barbara Read caught a Romanian book publisher using a picture of hers on
>
> >a book cover.
>
> >
>
> >"We're being screwed left, right and centre purely because we just have
>
> >our images out there," she said.
>
> >
>
> >Nicholas first found out about her photos being stolen from a friend who
>
> >in 2010 was on holiday in Brisbane. "She was walking past one of the
>
> >shops and snapped on her phone a picture of a singlet that was in a
>
> >window that [had on it my photograph] of model Sabina Kelley colouring
>
> >in her tattoos with textas," Nicholas said.
>
> >
>
> >Since then Nicholas has discovered about six of her photos on T-shirts
>
> >and is now reluctant to publish her work online, especially as she
>
> >lacked the money to pursue legal action.
>
> >Photographer Sheila Smart.
>
> >
>
> >Photographer Sheila Smart.
>
> >
>
> >Peter Coulson of Victoria said he had also found one of his photographs
>
> >in use on a T-shirt sold by Nena & Pasadena, and others on a giant
>
> >screen behind American heavy metal band Mï¿½tley Crï¿½e, when they performed
>
> >during their worldwide concerts.
>
> >
>
> >When he contacted Nena & Pasadena in 2011 about the infringing photo
>
> >they used, he said they offered him $200 to continue to use it on their
>
> >T-shirts. He refused the offer and requested the company destroy all
>
> >infringing stock, and they complied.
>
> >
>
> >In a statement provided to Melbourne's Herald Sun in 2011, management
>
> >for Nena and Pasadena blamed a rogue designer for the mix-up. The
>
> >company said the design, called "The Night'', would never make it into
>
> >shops.
>
> >
>
> >Mï¿½tley Crï¿½e's infringement was still under investigation, Coulson said.
>
> >
>
> >Other examples of copyright infringement included:
>
> >
>
> >* A Sydney wedding photographer who used another photographer's wedding
>
> >photos to advertise their services after finding them online. (After a
>
> >letter and phone call requesting the removal of all of the images, the
>
> >photographer complied.)
>
> >
>
> >* A couple who dressed up for a costume party and posted the photo on
>
> >Flickr, then found themselves in a local club's advertising material.
>
> >
>
> >* Book publishers using photos without permission ï¿½ even using them as
>
> >cover images.
>
> >
>
> >Read more:
>
> >http://www.smh.com.au/technology/te...olen-images-20130118-2cx6x.html#ixzz2IsoYhXih
>
> >
>
>
>
> Much of the problem boils down to two things:
>
>
>
> 1. Ignorance: too many people equating easy access with free use.
>
> One solution, if partial, is the obvious one of greater public
>
> education efforts.

Would that really help the avergae person. What would this education be notto post to flickr, not to facebook in fact never put yuor images anywhere others can see them.

>
> (Note, though, that ignorance is, in a way, a valid excuse IF it's a
>
> case of an "apparent agent" - a 3rd party claiming to own the work
>
> granting or selling the right to use it. In such case it is held to be
>
> that 3rd party who stole it, not the user, so no penalty or payment to
>
> the artist is required, though I can see stopping further use.)
>
>
>
> 2. The law not being enforced because the little guy lacks the
>
> resources to do so.
>
> I'm thinking there needs to be some sort of public resource for
>
> pursuing these cases, such as empowering law enforcement to
>
> investigate them as crimes akin to fraud of a corresponding magnitude.

Who pays for such things that's the main point.
Must be plenty of solicitors/lawyers etc.. willing to work for nothing ;-)

[snip]
> Who pays for such things that's the main point.
> Must be plenty of solicitors/lawyers etc.. willing to work for nothing ;-)

I was recently talking to a friend who's a lawyer about protecting my
photographs from unauthorised use. For example I currently have a lot
of images on Flickr. I declare that I reserve all rights and those
wishing to use my images should get in touch, but there's nothing
except conscience to stop anyone from stealing them. Should I perhaps
add a copyright watermark to the image itself?

"Wrong strategy!" he said. "You'll make FAR more money than you'd get
from selling your images by letting people steal them and then suing
them!"

If you don't want your pictures to be used without payment,
only show them to prospective buyers in hard copy form where
you retain physical possession, or, if on the web, in
uselessly small versions (smaller than say 80 pixels
smallest dimension.) If you sell them for digital use
in large size, make sure you get enough to cover their
value from the first sale.

Or else be a billion dollar corporation than can afford
to intimidate.

In article <>, John A. <> wrote:
>On Thu, 24 Jan 2013 20:26:53 +1100, Rob <>
>wrote:
>
>>
>>Its worth reading the article and viewing some of the images.
>>
>>
>>http://www.smh.com.au/technology/technology-news/were-being-screwed-photograph
>ers-and-designers-vent-over-stolen-images-20130118-2cx6x.html
>>
>>.........................................................................
>>
>>
>>'We're being screwed': photographers and designers vent over 'stolen' images
>>
>>Karena Colquhoun found her firm’s logo being used on a billboard to
>>promote an exhibition at the Shanghai Art Museum.
>>
>>Karena Colquhoun found her firm's logo being used on a billboard to
>>promote an exhibition.
>>
>>How's this for frustrating: you're an Australian graphic designer and
>>you find your work used without permission on a billboard to advertise
>>an art exhibition in China.
>>
>>This is what happened to graphic designer Karena Colquhoun – and she's
>>not alone in feeling robbed.
>>
>>A story last week about the duping of a Newcastle artist's photo,
>>without permission, onto thousands of T-shirts to be sold at menswear
>>giant Lowes, prompted emails from dozens of angry artists with similar
>>stories.
>>Sheila Smart had a UK police department steal her image for a brochure
>>on bicycle theft.
>>
>>Sheila Smart found a UK police department steal her image for a brochure
>>on bicycle theft.
>>
>>They reported having their images stolen from the internet without their
>>permission and placed, sometimes with small modifications, on T-shirts,
>>websites, cigarette cases, stickers, phone covers, posters promoting
>>nightclubs, CD album covers and even hardcover books.
>>Advertisement
>>
>>But fighting copyright infringements was fraught with difficulty, they
>>said: offenders often pleaded ignorance, refused to compensate them and
>>wouldn't pull the infringing content.
>>
>>They said those that were contrite offered very little compensation –
>>unless sued.
>>Peter Coulson of Victoria has also found one of his photographs in use
>>on a T-shirt sold by Nena & Pasadena.
>>
>>Peter Coulson found one of his photographs in use on a T-shirt sold by
>>Nena & Pasadena.
>>
>>Karena Colquhoun, who runs Magic Jelly, an Adelaide design company, last
>>year found its logo being used in an adapted form on a billboard to
>>promote an exhibition at the Shanghai Art Museum.
>>
>>"It's both bizarre and very upsetting to see your work taken without
>>permission, so that you not only are not compensated, but lose your
>>right to consent and control the quality and context of your work," she
>>said.
>>
>>Colquhoun discovered the plagiarism using Google's "Search by Image" and
>>TinEye's "Reverse Image Search".
>>"Complete and utter disbelief" ... photographer Naomi Frost.
>>
>>Photographer Naomi Frost had a photo of hers used on shirts sold at
>>Lowes. Photo: Dean Osland
>>
>>"Every so often I'll randomly search my images, and I always find people
>>using them without permission," Colquhoun said.
>>
>>Sheila Smart, a professional Sydney photographer, was among the few who
>>said they had successfully litigated against offenders.
>>
>>A UK police department that used a snapshot of hers in a brochure about
>>crime settled for a "fairly large sum" – about ten times more than what
>>a legitimate licensing would have cost.
>>Sheila Smart found one of her images on the front cover of a Romanian
>>book title.
>>
>>Sheila Smart found one of her images on the front cover of a Turkish
>>book title.
>>
>>She has also settled several cases in the US and Canada (with 10 still
>>pending). One involved a company that settled with her US lawyer without
>>any negotiation when she found a popular image of hers on their Facebook
>>page. It cost them $8500.
>>
>>In Europe, she has negotiated a $1700 payment from Romanian publishers
>>that used one of her images on the front of a book.
>>
>>Smart said she didn't pursue Australian offenders as often because laws
>>here meant she was only entitled to what she would have received had
>>they licensed the image legitimately – unless she could prove "wilful use".
>>Norman Pelaez's friends found pictures of his wedding on Sydney busses
>>last year being used to advertise a photographer's business who did not
>>have anything to do with the images.
>>
>>Norman Pelaez's friends found pictures of his wedding on buses
>>advertising a photographer's business.
>>
>>However, in one instance, a state government tourism website that used
>>her images settled for a "nice sum".
>>
>>Others have not been so fortunate. Adam Jackson of Tuggerah on the
>>Central Coast in NSW said he had a photo of a car taken without
>>permission from his website and put on T-shirts sold at Kmart, with the
>>car's number plate still visible.
>>
>>The owner of the car was "extremely upset" about this, and when Jackson
>>contacted the Victorian business who sold the T-shirt to Kmart, he said
>>they told him that because his website was free to access, they could do
>>what they wanted with his photograph.
>>Adam Jackson of Tuggerah in NSW had a photo of a car taken without
>>permission from his website about two years ago and put on T-shirts sold
>>at Kmart.
>>
>>Adam Jackson had a photo of a car taken from his website without
>>permission and put on a T-shirt.
>>
>>"Since I did not have the money to take this further, nothing has come
>>of it yet," Jackson said.
>>
>>He added that Kmart were of no help either and said it was "not their
>>problem and simply shrugged me off".
>>
>>Barbara Read, who lives in British Columbia, Canada, said she regularly
>>tracked the unauthorised use of her photos and found them "all over the
>>place".
>>Harmony Nicholas of Adelaide has been fighting to stop businesses
>>stealing her photos and putting them on T-shirts.
>>
>>Harmony Nicholas is fighting to stop businesses stealing her model's
>>photos and putting them on T-shirts.
>>
>>She warned other photographers that low-resolution images, watermarks
>>and copyright notices did nothing to stop people from using her images.
>>"Folks better expect to lose control of [their photographs] if they post
>>them online," she said.
>>
>>"There are sophisticated software programs available to upsize small
>>images with excellent results and most copyright notices are easily
>>cloned or cropped out."
>>
>>Harmony Nicholas of Adelaide has been fighting to stop businesses
>>stealing her photos and putting them on T-shirts. She's had no luck
>>getting compensation and had little success trying to stop those who
>>stole from her.
>>A photograph Barbara Read of British Columbia, Canada too which was
>>taken by Romanian book publisher Editura Herald and used on a book’s cover.
>>
>>Barbara Read caught a Romanian book publisher using a picture of hers on
>>a book cover.
>>
>>"We're being screwed left, right and centre purely because we just have
>>our images out there," she said.
>>
>>Nicholas first found out about her photos being stolen from a friend who
>>in 2010 was on holiday in Brisbane. "She was walking past one of the
>>shops and snapped on her phone a picture of a singlet that was in a
>>window that [had on it my photograph] of model Sabina Kelley colouring
>>in her tattoos with textas," Nicholas said.
>>
>>Since then Nicholas has discovered about six of her photos on T-shirts
>>and is now reluctant to publish her work online, especially as she
>>lacked the money to pursue legal action.
>>Photographer Sheila Smart.
>>
>>Photographer Sheila Smart.
>>
>>Peter Coulson of Victoria said he had also found one of his photographs
>>in use on a T-shirt sold by Nena & Pasadena, and others on a giant
>>screen behind American heavy metal band Mötley Crüe, when they performed
>>during their worldwide concerts.
>>
>>When he contacted Nena & Pasadena in 2011 about the infringing photo
>>they used, he said they offered him $200 to continue to use it on their
>>T-shirts. He refused the offer and requested the company destroy all
>>infringing stock, and they complied.
>>
>>In a statement provided to Melbourne's Herald Sun in 2011, management
>>for Nena and Pasadena blamed a rogue designer for the mix-up. The
>>company said the design, called "The Night'', would never make it into
>>shops.
>>
>>Mötley Crüe's infringement was still under investigation, Coulson said.
>>
>>Other examples of copyright infringement included:
>>
>>* A Sydney wedding photographer who used another photographer's wedding
>>photos to advertise their services after finding them online. (After a
>>letter and phone call requesting the removal of all of the images, the
>>photographer complied.)
>>
>>* A couple who dressed up for a costume party and posted the photo on
>>Flickr, then found themselves in a local club's advertising material.
>>
>>* Book publishers using photos without permission – even using them as
>>cover images.
>>
>>Read more:
>>http://www.smh.com.au/technology/technology-news/were-being-screwed-photograph
>ers-and-designers-vent-over-stolen-images-20130118-2cx6x.html#ixzz2IsoYhXih
>>
>
>Much of the problem boils down to two things:
>
>1. Ignorance: too many people equating easy access with free use.
> One solution, if partial, is the obvious one of greater public
>education efforts.
>(Note, though, that ignorance is, in a way, a valid excuse IF it's a
>case of an "apparent agent" - a 3rd party claiming to own the work
>granting or selling the right to use it. In such case it is held to be
>that 3rd party who stole it, not the user, so no penalty or payment to
>the artist is required, though I can see stopping further use.)
>
>2. The law not being enforced because the little guy lacks the
>resources to do so.
> I'm thinking there needs to be some sort of public resource for
>pursuing these cases, such as empowering law enforcement to
>investigate them as crimes akin to fraud of a corresponding magnitude.

The problem is not copyright infringement. But copyright.
Copyright is retarded and people who complain about copyright
infringement are totally clueless and shouldn't be allowed to use
the internet or computers in the first place.

On Saturday, January 26, 2013 9:19:13 AM UTC+1, Eric Stevens wrote:
> [..]
> Quite right. There is no true freedom of freedom or anything else. Try
>
> taking all your clothes off and going into the crowded theatre of your
>
> choice and shouting 'FIRE' when no fire is present.
>

There are good reasons to put certain limits on freedom of expression, for
instance in case where people abuse freedom of expression
to promote hate or violence. But copyright is not a good reason to limit
freedom of expression, just like attempts to criminalize art based on
the argument that it lacks artistic merit (like the way the nazis
in former nazi germany banned 'degenerate art').

On 25 Jan 2013 13:44:10 GMT, Chris Malcolm <> wrote:
: Whisky-dave <> wrote:
: > On Friday, January 25, 2013 10:16:53 AM UTC, John A. wrote:
: >> On Thu, 24 Jan 2013 20:26:53 +1100, Rob <>
: >>
: >> wrote:
: >> >Its worth reading the article and viewing some of the images.
: >>
: >> >http://www.smh.com.au/technology/te...s-vent-over-stolen-images-20130118-2cx6x.html
:
: [snip]
:
: > Who pays for such things that's the main point.
: > Must be plenty of solicitors/lawyers etc.. willing to work for nothing ;-)
:
: I was recently talking to a friend who's a lawyer about protecting my
: photographs from unauthorised use. For example I currently have a lot
: of images on Flickr. I declare that I reserve all rights and those
: wishing to use my images should get in touch, but there's nothing
: except conscience to stop anyone from stealing them. Should I perhaps
: add a copyright watermark to the image itself?
:
: "Wrong strategy!" he said. "You'll make FAR more money than you'd get
: from selling your images by letting people steal them and then suing
: them!"

That's what you say if you think like a lawyer. But I can't imagine any
photographer wanting to get tied into the legal system to try to defend his
work. (Well, with the possible exception of Peter N, who would know what he's
doing in a way that the rest of us wouldn't.)

Of course half my work gets labelled with a "City of Cambridge" copyright
notice. (Thanks, EOS Utility, for making that fairly easy.) And we have a
cadre of in-house lawyers, if we ever have to make trouble for a thief. ;^)

On Fri, 25 Jan 2013 10:51:00 -0600, Doug McDonald <>
wrote:
:
: The problem is common sense:
:
: If you don't want your pictures to be used without payment,
: only show them to prospective buyers in hard copy form
: where you retain physical possession, or, if on the web,
: in uselessly small versions (smaller than say 80 pixels
: smallest dimension.) If you sell them for digital use
: in large size, make sure you get enough to cover their
: value from the first sale.

So, what have you ever produced that is worth protecting or infringing on?
>
>
> : and shouldn't be allowed to use the internet or computers in
>
> : the first place.
>
>
>
> Says someone who has never had the slightest role in creating or improving
>
> either computers or the internet.
>
>
>
> Bob

So, what is your role in creating or improving either computers or
the internet?

Seems like you have no substantial arguments contradicting my point
of view and hence you resort to attacking me personally instead of
refuting my arguments.

On Saturday, January 26, 2013 11:48:43 PM UTC+1, Savageduck wrote:
> On 2013-01-26 12:58:24 -0800, sobriquet <> said:
>
> >
>
> >
>
> > So, what is your role in creating or improving either computers or
>
> > the internet?
>
> >
>
> > Seems like you have no substantial arguments contradicting my point
>
> > of view and hence you resort to attacking me personally instead of
>
> > refuting my arguments.
>
>
>
> It's that irresistible self adhered target on your forehead. It makes
>
> you SO attackable when it comes to this subject.
>
>
>
> The issue of this thread is not your puerile game playing, but
>
> photographs lifted by corporate entities to use in and on their
>
> products, from book covers to brochures, to advertising to billboards
>
> without paying the creators. Those photographers and graphic artists
>
> depend on [payment for the use of their work so they can earn a living.
>
> A living you seem to feel they don't deserve, so you can continue to
>
> cut and paste in your parents' basement.
>

Those photographers and graphic artists shouldn't be on the internet to
begin with and then this whole problem wouldn't occur.
It's clueless people who put their work on the internet and subsequently
complain about copyright infringement, instead of acknowledging that
there is no copyright on the internet and people can share things freely
with no consequences whatsoever in the vast majority of cases.
>
>
> --
>
> Regards,
>
>
>
> Savageduck

That's not my opinion. That's the way information technology works in
practice. The law is lagging behind the latest developments in information
technology and since most politicians have their head stuck up their ass,
there is no reason to expect the law to change any time soon.

This protection is a figment of your lively imagination. Attempts to
enforce copyright online are merely proof that there are no limits
to human stupidity.

In the vast majority of cases, people can share information freely and
there is no effective way to impose a kind of monopoly on the reproduction
and distribution of information, unless you want to ban computers
altogether.

I've been up- and downloading terrabytes of information to piratebay
and other torrent sites and there are millions of others who are
violating these spurious copyrights on a daily basis with virtually
no adverse consequences whatsoever.
>
>
> > ... just like attempts to criminalize art based on
>
> >the argument that it lacks artistic merit (like the way the nazis
>
> >in former nazi germany banned 'degenerate art').
>
> >
>
> >http://en.wikipedia.org/wiki/Degenerate_art
>
> >
>
> You are dangerously close to bringing Godwin's Law down on yourself.
>

Share This Page

Welcome to Velocity Reviews!

Welcome to the Velocity Reviews, the place to come for the latest tech news and reviews.

Please join our friendly community by clicking the button below - it only takes a few seconds and is totally free. You'll be able to chat with other enthusiasts and get tech help from other members.
Sign up now!